Solicitation_AG-5241-S-15-0001.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

RD-CO-5241

PO Box 25426 Building 56, Room 2300 Denver Federal Center USDA, Rural Development

CODE 16. ADMINISTERED BYCODE

X

X

X

541199

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORRD-CO-5241

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

10/08/2014

406-585-2511MARSHA HARRIS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-5241-S-15-0001

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 16 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Denver CO 80225-0526

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Denver CO 80225-0526 PO Box 25426 Building 56, Room 2300 Denver Federal Center

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA, Rural Development

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available The Contractor shall provide foreclosure, eviction, bankruptcy and other services in accordance with the terms and conditions of the Blanket Purchases Agreement for the U.S.

Department of Agriculture Rural Development in the State of Colorado.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

MARSHA HARRIS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

DRAFT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

16 2 of

B. CONTINUATION OF STANDARD FORM 1449

B.1 Additional Contractor Information

Business Authorized Representative: _______________________________________

Business E-mail address: _________________________________________________

Business Phone Number: ________________________________________________

Business Fax Number: __________________________________________________

Business DUNS Number: ________________________________________________

B.2 DESCRIPTION OF AGREEMENT

The Contractor must provide all facilities, materials, supplies, tools, equipment, personnel, travel arrangements and miscellaneous costs necessary to accomplish the performance of the agreement requirements including:

• Non-judicial foreclosure,

• Judicial foreclosure,

• Eviction/Possession,

• Relief of Stay Orders in bankruptcy cases including Chapter 7, 11, and 13,

• Deed in Lieu of Foreclosure.

These services will be furnished, if and when requested by the Contracting Officer (or the authorized representative of the Contracting Officer). The work shall be performed throughout the State of Colorado as described. USDA Rural Development retains the right to determine the cases to be assigned under this agreement, and may elect not to use legal services for all cases handled during the term of the agreement.

B.3 AREAS OF COVERAGE

Please indicate the areas in Colorado that your company is ready, willing, and able to provide the services for. Annotate “N/A” if not willing or able to provide services to an area:

AREA 1 - Front Range Metro (Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Elbert, El Paso, Gilpin, Jefferson, Lincoln, Pueblo, Teller, and Weld Counties)

AREA 2 - Northwest (Clear Creek, Eagle, Garfield, Grand, Jackson, Lake, Larimer, Moffat, Pitkin, Rio Blanco, Routt, and Summit Counties)

AREA 3 - 3rd Judicial District (Huerfano and Las Animas Counties) AREA 4 – 7th Judicial District (Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel Counties)

AREA 5 – 11th Judicial District (Chaffee, Custer, Fremont and Park Counties) AREA 6 – 12th Judicial District (Alamosa, Conejos, Costilla, Mineral, Rio Grande and Saguache Counties)

AREA 7 – 13th Judicial District (Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington and Yuma Counties)

AREA 8 – 15th Judicial District (Baca, Cheyenne, Kiowa and Prowers Counties) AREA 9 – 16th Judicial District (Bent, Crowley and Otero Counties) AREA 10 – 21st Judicial District (Mesa County) AREA 11 – 22nd Judicial District (Dolores and Montezuma Counties)

B.4 PRICING

Service Price Base Year

Price Option Year 1

Price Option Year 2

B.4.1 Base Services: The Contractor shall complete the services below in accordance with the Performance Work Statement and subsequent orders. See Section B.5 below.

Non-judicial foreclosure

Judicial foreclosure

Eviction/Possession

Relief of Stay Orders in bankruptcy cases

Deed in Lieu of foreclosure.

B.4.2 Ancillary Services: The Contractor must provide services as required to complete the base services. See Section B.6 below.

NTE $2,500 NTE $2,500 NTE $2,500

NTE = Not to Exceed

B.5 BASE SERVICES

The firm fixed prices for base services in B.2.1 shall include attorney fees; copying costs; courier services;

travel; telephones; faxing or mailing expenses; personnel; personal equipment or office space costs; license and insurance; notary public services; and other customary costs requisite to the litigation or judgment enforcement under the agreement.

Pricing to the USDA Rural Development shall be as low as or lower than prices charged to the vendor’s most favored customers for comparable quantities under similar terms and conditions in addition to any trade or prompt payment discounts offered. Pricing shall be in accordance with Fannie Mae’s Schedule for Standard Attorney/Trustee Fees.

B.6 OTHER DIRECT COSTS FOR ANCILLARY SERVICES

USDA Rural Development shall reimburse the Contractor for actual costs for ancillary services advanced by the Contractor which are necessary to accomplish the legal actions that are required under this agreement.

The costs for such ancillary services are payable upon completion; or, if not completed through no fault of the Contractor, upon return of the incomplete case to USDA. All invoices for associated costs shall be fully documented by receipts and supporting justifications, identifying the case to which the expenditure was connected. Costs may not exceed $2500 per case and must be approved by USDA prior to expenditure.

If the costs for ancillary services exceed $2500 for a given case, the Contractor shall obtain prior written approval from the Contracting Officer before incurring the cost(s).

Costs for ancillary services include filing fees; recording fees; court costs; advertising expenses; fees for document service where required by law; sheriff’s, marshal’s, constable’s or other similar official’s fees;

costs of title insurance when required by the Contracting Officer; and other customary costs requisite to the litigation or judgment enforcement under this agreement. They DO NOT include the following which are in the Contractor’s basic fee: attorney fees; copying costs; courier services; travel; telephones; faxing or mailing expenses; personnel; personal equipment or office space costs; license and insurance; notary public services;

and other customary costs requisite to the litigation or judgment enforcement under the agreement.

C. CLAUSES

C.1 EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases made under this Blanket Purchase Agreement (BPA). The Government is not obligated to place and orders with the Contractor under this BPA.

This BPA does not obligate any funds. Funds will be obligated on each individual order issued. The Contractor is not obligated to accept orders under this BPA. However, if the Contractor accepts an order, he/she is obligated to provide the services/end products under the terms and conditions of the Agreement.

The Contractor will not be compensated for services that were not authorized or that were performed outside the scope of the agreement.

C.2 AUTHORIZED ORDERING OFFICIALS AND DOLLAR LIMITATIONS

USDA Rural Development personnel authorized to place orders under this agreement are listed below. They will be referred to as Ordering Officials. Any individual duly acting in the capacity of the position by a designation as “Acting” or any individual appointed to the position will be authorized to order. Any appointed individuals, other than the Contracting Officer or Single Family Housing Program Director, will be designated in writing.

POSITION DOLLAR/QUANTITY LIMIT

PER ORDER

Contracting Officer (CO) $150,000 Single Family Housing Program Director (SFHPD) or Designee

$2,500

Any order exceeding the Ordering Official’s delegated authority is outside the scope of the agreement.

Orders in excess of this amount shall not be honored or accepted by the Contractor. When, in the opinion of the Contractor, any Government Representative requests effort outside the existing scope of the agreement, the Contractor shall notify the Contracting Officer in writing within 5 calendar days. The Contractor shall not take on action under such direction until the Contracting Officer has issued a modification to the agreement or has otherwise resolved the issue. Failure to comply with these provisions may result in termination of the BPA.

C.3 PLACEMENT OF ORDERS

Individual task orders will be placed on a rotational basis with all BPA holders.

C.4. ASSIGNMENT OF CASES

Each task order submitted and accepted by the Contractor shall be acknowledged in writing to the CO and SFHPD within 5 working days of receipt via email. The task order will contain an Optional Form 347 signed by the Contracting Officer, Order for Supplies and Services, Task Order/Acceptance Agreement and documents pertaining to the assigned case. Acknowledgement of assignment and acceptance of work order will be in the form of Contractor or authorized representative signing and dating the Task Order/Acceptance Agreement.

C.5 PERIOD OF PERFORMANCE

The term this RFQ will be one year from date of award with two options. Under FAR 52.217-9, the Government has the unilateral right to exercise the options to extend the term of the BPA in 1 year increments. If all options are exercised, the total period of the BPA will be 3 years.

The time for completion for each type of base service is provided in Section 5 of the Performance Work Statement.

The BPA may be further extended for a period not to exceed 6 months in accordance with FAR 52.217-8. If the option to extend services under FAR 52.217-8 is exercised, the total period will not exceed 3 years and 6 months.

The cumulative total of all orders placed under the BPA will not exceed $150,000. The BPA will be terminated at the point that this total is reached, regardless of the actual number of years/months that have occurred under the agreement.

In the event of termination of the BPA any outstanding orders must be completed.

The vendor shall furnish the services only as required by USDA Rural Development Ordering Officials, during the period specified.

C.6 DELIVERY OF SERVICES

All services shall be delivered to the ordering office at the address below and shall include the BPA number:

USDA-RURAL DEVELOPMENT

Attn: SFH Direct Foreclosures Denver Federal Center BLG56 RM2300 PO Box 25426 Denver, CO 80225 codirforeclosures@co.usda.gov

C.7 BPA CANCELLATION

This BPA may be terminated by the Government at any time provided at least 30 days advance written notice is provided to the contractor. The contractor, with the written consent of the CO, may terminate this BPA upon at least 30 days written notice. The parties agree that termination of the BPA does not constitute termination of any active task order issued prior to this the termination notice. Active task orders will be terminated in accordance with FAR 52.212-4.

C.8 ADMINISTRATION

The Contracting Officer shown below shall be notified in writing of any change which will have an impact on ordering under the Agreement. Notification by email is acceptable.

C.9 52.252-2, CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/index.html http://farsite.hill.af.mil/ https://www.acquisition.gov/far/ http://www.dm.usda.gov/procurement/policy/index.html

C.10 52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS. (MAY 2014)

This clause is incorporated by reference. The paragraphs contained in the clause are supplemented as follows:

(f) Excusable delays. Notice shall be provided in writing. Submission by email is acceptable.

(g) Invoice.

• Invoices shall not be submitted until the services have been performed. Submission by email is authorized and preferred.

• The Contractor shall submit individual invoices for all foreclosures completed and delivered.

Invoices shall identify the specific foreclosure case and shall be itemized to reflect the contractor’s basic fee and all reimbursable ancillary costs being claimed for repayment.

• Invoices/receipts for reimbursable ancillary costs will be attached. Invoices must contain a copy of the Title Policy on government purchased property. For third-party purchasers the invoice must contain a statement of clear title.

• The Contractor’s billing name must agree with the Contractor’s name on the agreement and in the System for Award Management. Mail invoices to address in Block 21 of the OF 347, provided as a part of the task order or email them to the address provided after by the Contracting Officer.

• Invoices will be returned for: (1) having payment discrepancies; or (2) unacceptable performance.

(i) Payment. Inquiries relating to payments may be directed to the representative appointed by the Contracting Officer.

C.11 52.217-8, OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days before the contract expires.

C.12 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause and FAR Clause 52.217-8, shall not exceed 3 years and 6 months

C.13 452.224-70 CONFIDENTIALITY OF INFORMATION. (FEB 1988)

(a) Confidential information, as used in this clause, means -

(1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C.

552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

C.14 452.237-75 RESTRICTIONS AGAINST DISCLOSURE. (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

C.15 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS. (JUL 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

(2) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(3) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(4) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

(5) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(6) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(7) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(8) 52.222-36, Equal Opportunities for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(9) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(10) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

(11) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(12) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clause in this paragraph (c), applicable to commercial services, incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunities for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employement Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Jul 2014) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

D CONTRACT EXHIBITS AN ATTACHMENTS

Exhibit Description A Performance Work Statement B Task Order/Acceptance Agreement C Definitions and Acronyms D FAR 52.212-3, Offeror Representations and Certifications – Commercial Items E AGAR Representations and Certifications

E. SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://farsite.hill.af.mil/

E.2 52.212-19, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

E.3 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers by 4:00 p.m. Mountain Time on TO BE DETERMINED. Hard copy proposals must be submitted. Proposals submitted by fax or electronic mail will not be accepted. It is the offeror’s responsibility to verify that the proposal is received on time. Mail or deliver hard copies to:

Marsha Harris USDA – Rural Development 2229 Boot Hill Court Bozeman, MT 59715 Phone: (406) 585-2511

As a minimum, offers must include the following parts. Each of the parts shall be separate and complete so that evaluation of one may be accomplished independently from evaluation of the other.

(1) Factor 1 - Technical Proposal: The Technical Proposal will be used to make an evaluation and arrive at a determination as to whether the proposal will meet the requirements of the Government.

Therefore, the technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed description of how the offeror will satisfy the contract requirements. Proposals that fail to provide the minimal information needed for each factor or merely paraphrase the requirements of the Performance Work Statement, or use such phrases as "will comply" or "standard techniques will be employed" will be considered non-responsive and will not be considered further. The technical proposal shall be structured to include separate sections addressing each of the following subfactors.

Subfactor 1(a) Approach: Offeror’s planned approach to satisfy the contract requirements;

Subfactor 1(b) Experience: Offeror’s experience in performing similar requirements.

Include experience working in Colorado and any experience with U.S. Department of Agriculture, Rural Development.

Subfactor 1(c) Competence: Submit resumes reflecting qualifications of principal personnel the offeror plans to use under the contract; and copies of current license to practice law in the State of Colorado for personnel that will provide legal services.

Subfactor 1(d) Capacity: Offeror’s capacity to provide these services throughout the State of

Colorado and handle multiple cases simultaneously.

(2) Factor 2 - Past Performance. The offeror shall provide at minimum of three references from firms/entities for which the offeror has performed similar services in the area covered by the contract within the past three (3) years. Include the following:

(a) Name, address and telephone number of the organization and point of contact familiar with the offerors performance.

(b) Contract number, type and dollar amount.

(c) Brief description of work.

(d) List any special problems encountered during executing services under the contract.

Point out any actions taken to adapt to customer needs and requirements for change.

(3) Business Proposal: Include –

(a) SF-1449 – Blocks 17a-b and 30a-c must be completed (page 1 above).

(b) Provide additional contractor information in Section B.1.

(b) Complete Section B.3 by indicating the areas in Colorado that your company is offering to provide services. Annotate “N/A” if not offering to provide services in an area.

(c) Insert Prices in Section B.4.

(d) A completed copy of the representations and certifications at FAR 52.212-3 (see

FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically).

(e) A completed copy and acknowledgement of AGAR 452-209-70; AGAR 452-290-71;

AGAR 452-219-70.

(e) Acknowledgment of Solicitation Amendments. Amendments should be acknowledged by returning the amendment with blocks 8 and 15a-c of the Standard Form 30, Amendment of Solicitation, completed.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Reserved.

(e) Reserved

(f) Late submissions, modifications, revisions, and withdrawals of offers. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time above.

(g) Issuance of Blanket Purchase Agreements (BPA). The Government intends to evaluate offers and issue BPAs without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards.

(1) The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the prices specified, unless the offeror specifies otherwise in the offer.

(2) The Government may elect to award a single Blanket Purchase Agreement (BPA) or to award multiple BPAs for the same or similar services to two or more sources under this solicitation.

(i) Availability of Requirements Documents. See Section A.3.

(j) Data Universal Numbering System (DUNS) Number. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

E.4 52.212-2 EVALUATION -- COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award one or more Blanket Purchase Agreements resulting from this solicitation to the responsible small business whose offer conforming to the solicitation represents the best overall value to the Government using a tradeoff process. In determining which offer represents the best overall value, the Government will consider the following three (3) evaluation factors. The factors are listed in descending order of importance.

Factor 1, Technical:

SubFactor 1(a) Approach – The government will evaluate the offeror’s approach to determine if the stated approach will be successful and that solicitation requirements will be met.

Subfactor 1(b) Experience - This factor will examine the firm's experience in performing the work required in the contract. Offerors possessing experience in non-judicial foreclosures and bankruptcy processing in the State of Colorado may receive a higher rating.

http://fedgov.dnb.com/webform https://www.acquisition.gov/

Subfactor 1(c) Competence – The offer will be evaluated to determine if the personnel proposed by the offeror possess the experience, training and skills to perform the work. The personnel performing legal services must be licensed to practice law in the State of Colorado.

Subfactor 1(d) Capacity - This factor will examine the offeror’s ability to complete services awarded throughout the State of Colorado.

Factor 2, Past Performance: The evaluation of past performance is a subjective assessment based on a consideration of all relevant facts and circumstances. The Government reserves the right to use both data provided by the offeror and data obtained from other sources. The evaluation may consider information from any source(s) deemed necessary by the Contracting Officer. The Government will seek to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of quality services at fair and reasonable prices. This is a matter of judgment. Past Performance information which is not of the same or similar type work as described in this solicitation, will not be evaluated.

Factor 3, Business Proposal: The business proposal will be evaluated for completeness.

Failure to provide evidence of the required insurance will eliminate the contractor from further consideration.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A Blanket Purchase Agreement signed by the Contracting Officer on the SF1449 will be issued to each successful offeror.

E.5 AGAR 452.204-70 INQUIRIES (FEB 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.